(420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
Sec. 4. Nuclear accident plans; fees. Persons engaged within this State
in the production of electricity utilizing nuclear energy, the operation of
nuclear test and research reactors, the chemical conversion of uranium, or the
transportation, storage or possession of spent nuclear fuel or high-level
radioactive waste shall pay fees to cover the cost of establishing plans and
programs to deal with the possibility of nuclear accidents. Except as provided
below, the fees shall be used to fund those Agency and local
government activities defined as necessary by the Director to implement and
maintain the plans and programs authorized by this Act. Local governments
incurring expenses attributable to implementation and maintenance of the plans
and programs authorized by this Act may apply to the Agency for
compensation for those expenses, and upon approval by the Director of
applications
submitted by local governments, the Agency shall compensate local
governments from fees collected under this Section. Compensation for local
governments shall include
$250,000 in any year through
fiscal year 1993, $275,000 in fiscal year 1994 and fiscal year 1995,
$300,000 in fiscal year 1996, $400,000 in fiscal year 1997, and $450,000
in fiscal year 1998 and thereafter.
Appropriations to the Department of Nuclear Safety (of which the Agency is the successor) for compensation to local
governments from the Nuclear Safety Emergency
Preparedness Fund provided for in this Section shall not exceed $650,000 per
State fiscal year. Expenditures from these appropriations shall not exceed, in
a single State fiscal year,
the annual compensation amount made available to
local
governments under this Section, unexpended funds made available for local
government
compensation in the previous fiscal year, and funds recovered under
the Illinois Grant Funds Recovery Act during previous fiscal years.
Notwithstanding any other provision of this Act, the expenditure limitation for
fiscal year 1998 shall include the additional $100,000 made available to local
governments for fiscal year 1997 under this amendatory Act of 1997. The
Agency shall, by rule, determine the method for compensating local
governments under this Section. The
appropriation shall not exceed $500,000 in any year preceding
fiscal year 1996; the appropriation shall not exceed $625,000 in fiscal year
1996, $725,000 in fiscal year 1997, and $775,000 in fiscal year 1998 and
thereafter. The fees shall consist of
the following:
(1) A one-time charge of $590,000 per nuclear power |
| station in this State to be paid by the owners of the stations.
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(2) An additional charge of $240,000 per nuclear
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| power station for which a fee under subparagraph (1) was paid before June 30, 1982.
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(3) Through June 30, 1982, an annual fee of $75,000
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| per year for each nuclear power reactor for which an operating license has been issued by the NRC, and after June 30, 1982, and through June 30, 1984 an annual fee of $180,000 per year for each nuclear power reactor for which an operating license has been issued by the NRC, and after June 30, 1984, and through June 30, 1991, an annual fee of $400,000 for each nuclear power reactor for which an operating license has been issued by the NRC, to be paid by the owners of nuclear power reactors operating in this State. After June 30, 1991, the owners of nuclear power reactors in this State for which operating licenses have been issued by the NRC shall pay the following fees for each such nuclear power reactor: for State fiscal year 1992, $925,000; for State fiscal year 1993, $975,000; for State fiscal year 1994; $1,010,000; for State fiscal year 1995, $1,060,000; for State fiscal years 1996 and 1997, $1,110,000; for State fiscal year 1998, $1,314,000; for State fiscal year 1999, $1,368,000; for State fiscal year 2000, $1,404,000; for State fiscal year 2001, $1,696,455; for State fiscal year 2002, $1,730,636; for State fiscal year 2003 through State fiscal year 2011, $1,757,727; for State fiscal year 2012 and subsequent fiscal years, $1,903,182.
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(3.5) The owner of a nuclear power reactor that
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| notifies the Nuclear Regulatory Commission that the nuclear power reactor has permanently ceased operations during State fiscal year 1998 shall pay the following fees for each such nuclear power reactor: $1,368,000 for State fiscal year 1999 and $1,404,000 for State fiscal year 2000.
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(4) A capital expenditure surcharge of $1,400,000 per
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| nuclear power station in this State, whether operating or under construction, shall be paid by the owners of the station.
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(5) An annual fee of $25,000 per year for each site
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| for which a valid operating license has been issued by NRC for the operation of an away-from-reactor spent nuclear fuel or high-level radioactive waste storage facility, to be paid by the owners of facilities for the storage of spent nuclear fuel or high-level radioactive waste for others in this State.
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(6) A one-time charge of $280,000 for each facility
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| in this State housing a nuclear test and research reactor, to be paid by the operator of the facility. However, this charge shall not be required to be paid by any tax-supported institution.
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(7) A one-time charge of $50,000 for each facility in
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| this State for the chemical conversion of uranium, to be paid by the owner of the facility.
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(8) An annual fee of $150,000 per year for each
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| facility in this State housing a nuclear test and research reactor, to be paid by the operator of the facility. However, this annual fee shall not be required to be paid by any tax-supported institution.
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(9) An annual fee of $15,000 per year for each
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| facility in this State for the chemical conversion of uranium, to be paid by the owner of the facility.
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(10) A fee assessed at the rate of $2,500 per truck
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| for each truck shipment and $4,500 for the first cask and $3,000 for each additional cask for each rail shipment of spent nuclear fuel, high-level radioactive waste, transuranic waste, or a highway route controlled quantity of radioactive materials received at or departing from any nuclear power station or away-from-reactor spent nuclear fuel, high-level radioactive waste, transuranic waste storage facility, or other facility in this State to be paid by the shipper of the spent nuclear fuel, high level radioactive waste, transuranic waste, or highway route controlled quantity of radioactive material. Truck shipments of greater than 250 miles in Illinois are subject to a surcharge of $25 per mile over 250 miles for each truck in the shipment.
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(11) A fee assessed at the rate of $2,500 per truck
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| for each truck shipment and $4,500 for the first cask and $3,000 for each additional cask for each rail shipment of spent nuclear fuel, high-level radioactive waste, transuranic waste, or a highway route controlled quantity of radioactive materials traversing the State to be paid by the shipper of the spent nuclear fuel, high level radioactive waste, transuranic waste, or highway route controlled quantity of radioactive material. Truck shipments of greater than 250 miles in Illinois are subject to a surcharge of $25 per mile over 250 miles for each truck in the shipment. For truck shipments of less than 100 miles in Illinois that consist entirely of cobalt-60 or other medical isotopes or both, the $2,500 per truck fee shall be reduced to $1,500 for the first truck and $750 for each additional truck in the same shipment.
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(12) In each of the State fiscal years 1988 through
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| 1991, in addition to the annual fee provided for in subparagraph (3), a fee of $400,000 for each nuclear power reactor for which an operating license has been issued by the NRC, to be paid by the owners of nuclear power reactors operating in this State. Within 120 days after the end of the State fiscal years ending June 30, 1988, June 30, 1989, June 30, 1990, and June 30, 1991, the Agency shall determine the expenses of the Illinois Nuclear Safety Preparedness Program paid from funds appropriated for those fiscal years.
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(Source: P.A. 97-195, eff. 7-25-11; 97-732, eff. 6-30-12; 98-728, eff. 1-1-15.)
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(420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
Sec. 8. (a) The Illinois Nuclear Safety Preparedness Program shall
consist of an assessment of the potential nuclear accidents, their
radiological consequences, and the necessary protective actions required to
mitigate the effects of such accidents. It shall include, but not
necessarily be limited to:
(1) Development of a remote effluent monitoring |
| system capable of reliably detecting and quantifying accidental radioactive releases from nuclear power plants to the environment;
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(2) Development of an environmental monitoring
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| program for nuclear facilities other than nuclear power plants;
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(3) Development of procedures for radiological
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| assessment and radiation exposure control for areas surrounding each nuclear facility in Illinois;
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(4) Radiological training of State and local
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| emergency response personnel in accordance with the Agency's responsibilities under the program;
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(5) Participation in the development of accident
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| scenarios and in the exercising of fixed facility nuclear emergency response plans;
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(6) Development of mitigative emergency planning
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| standards including, but not limited to, standards pertaining to evacuations, re-entry into evacuated areas, contaminated foodstuffs and contaminated water supplies;
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(7) Provision of specialized response equipment
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| necessary to accomplish this task;
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(8) Implementation of the Boiler and Pressure Vessel
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| Safety program at nuclear steam-generating facilities as mandated by Section 2005-35 of the Department of Nuclear Safety Law, or its successor statute;
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(9) Development and implementation of a plan for
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| inspecting and escorting all shipments of spent nuclear fuel, high-level radioactive waste, transuranic waste, and highway route controlled quantities of radioactive materials in Illinois;
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(10) Implementation of the program under the Illinois
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| Nuclear Facility Safety Act; and
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(11) Development and implementation of a
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| radiochemistry laboratory capable of preparing environmental samples, performing analyses, quantification, and reporting for assessment and radiation exposure control due to accidental radioactive releases from nuclear power plants into the environment.
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(b) The Agency may incorporate data collected by the operator of a
nuclear facility into the Agency's remote monitoring system.
(c) The owners of each nuclear power reactor in Illinois shall provide
the Agency all system status signals which initiate Emergency Action
Level Declarations, actuate accident mitigation and provide mitigation
verification as directed by the Agency. The Agency shall designate
by rule those system status signals that must be provided. Signals
providing indication of operating power level shall also be provided.
The owners of the nuclear power reactors shall, at their expense, ensure
that valid signals will be provided continuously 24 hours a day.
All such signals shall be provided in a manner and at a frequency
specified by the Agency for incorporation into and augmentation of the
remote effluent monitoring system specified in paragraph (1) of subsection (a) of this
Section. Provision shall be made for assuring that such system status and
power level signals shall be available to the Agency
during reactor
operation as well as throughout accidents and subsequent
recovery operations.
For nuclear reactors with operating licenses issued by the Nuclear
Regulatory Commission prior to the effective date of this amendatory Act,
such system status and power level signals shall be provided to the
Department of Nuclear Safety (of which the Agency is the successor) by March 1, 1985. For reactors without such a license on the
effective date of this amendatory Act, such signals shall be provided to
the Department prior to commencing initial fuel load for such reactor.
Nuclear reactors receiving their operating license after September 7, 1984 (the effective date
of Public Act 83-1342), but before July 1, 1985, shall provide such system
status and power level signals to the Department of Nuclear Safety (of which the Agency is the successor) by September 1, 1985.
(Source: P.A. 102-133, eff. 7-23-21; 103-154, eff. 6-30-23.)
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